Safe Havens

When a criminal lawyer or criminal defendant seeks to learn the deportation consequences of a given criminal case, it is essential holistically to consider the client’s entire situation, of which deportability is only one part.  Deportability, however, is the only subject of this book, which is limited to attempting to identify and construct non-deportable dispositions of criminal cases.  For information on immigration consequences other than deportation, consult other practice aids and treatises.  E.g., N. Tooby, Aggravated Felonies, Chap. 2 (2003).

            Immigration counsel will want to obtain a copy of the charges against the client, as well as a copy of the investigation reports and the client’s criminal history.  It is important then to make a list of all the different offenses charged in the charging document, all the lesser included offenses, all the related offenses, and any other offenses that, even though technically unrelated, may be factually similar or customarily used as lesser included offenses in plea bargaining.  A great deal of creativity is required in this process, and immigration counsel will want to brainstorm with criminal counsel to seek out as wide a variety of possible dispositions as possible to assess for deportability.  See § § 5.29, et seq., infra.

            This book is designed to assist counsel in assessing the deportation consequences of the different possible offenses of conviction to identify one or more safe havens in order of preference.